Explanatory Notes

Extradition Act 2003

2003 CHAPTER 41

20th November 2003

Territorial Application: Wales

Part 2 .Extradition to Category 2 Territories

Section 107: Detention pending conclusion of appeal under section 105

310.This section sets out the arrangements for detaining a person if an authority of the requesting state gives notice of its intention to appeal against a decision at the extradition hearing to discharge the person.

311.Subsection (1) states that this section applies if, immediately after the judge orders the person’s discharge, the judge is informed that the requesting authority intends to appeal under the provisions of section 105 above. The judge must remand the person in custody or on bail while the appeal is pending, but he may later grant bail if the person is remanded in custody (subsections (2) and (3)). The appeal ceases to be pending, under subsection (4), when the earliest of any of these applies: